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DOCUMENTS OF THE GENERAL FACULTY

RECOMMENDATION FOR CHANGE IN THE HANDBOOK OF OPERATING PROCEDURES CONCERNING DISCIPLINING OF A FACULTY MEMBER – COSPONSORED BY THE COMMITTEE OF COUNSEL ON ACADEMIC FREEDOM AND RESPONSIBILITY AND THE FACULTY GRIEVANCE COMMITTEE

On behalf of the Committee of Counsel for Academic Freedom and Responsibility and the Faculty Grievance Committee, Professor Alba Ortiz (special education) submitted the following recommendation for change in the Handbook of Operating Procedures concerning disciplining of a faculty member. Related legislation passed by the Faculty Council but disapproved by the administration can be found in D&P 16517-16519, and in D 2360-2362 and D 2539-2541.1

The secretary has classified this as general legislation. It will be presented to the Faculty Council for action at its meeting on April 12, 2004.


<signed>

Sue Alexander Greninger, Secretary
The Faculty Council

Posted on the Faculty Council Web site on April 8, 2004. Paper copies are available on request from the Office of the General Faculty, FAC 22, F9500.


1 Title changed and reference made to D&P 16517-16519 on April 13, 2004.
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RECOMMENDATION FOR CHANGE IN THE HANDBOOK OF OPERATING PROCEDURES CONCERNING DISCIPLINING OF A FACULTY MEMBER – COSPONSORED BY THE COMMITTEE OF COUNSEL ON ACADEMIC FREEDOM AND RESPONSIBILITY AND THE FACULTY GRIEVANCE COMMITTEE

Sec. 3.18. Faculty Grievance Procedure

I. Policy

A. A faculty member has the right to seek redress of any grievance related to the terms and conditions of employment. A faculty member is any individual holding an academic title as defined in Part I, Chapter III, Section 1.8 of the Rules and Regulations of the Board of Regents except for Assistant Instructors and Teaching Assistants.

B. Each faculty member may express a grievance through the following procedures with the assurance of timely and thorough consideration. Grievants are assured freedom from reprisals for the filing of their grievances.

C. The administration through appropriate officials reserves the right to discipline and to terminate the employment of a faculty member for stated good cause shown. (Chapter III, Section 6.3 of the Board of Regents' Rules and Regulations shall govern all actions as appropriate.) In the case of a potential termination of employment, the accused faculty member may be suspended with pay pending the completion of the hearing and final decision of the Board, if, after consultation with the Committee of Counsel on Academic Freedom and Responsibility concerning the propriety, the length, and other conditions of the suspension, the chief administrative officer determines that the nature of the charges and the evidence are such that it is in the best interest of the institution. In other cases of disciplining which the faculty members indicates an intention to contest through the faculty grievance process, if the University representative believes that prior to a faculty grievance hearing, the University must proceed with an action that would impose discipline, the discipline may be imposed, provided that it can be revoked later and would not result in any permanent loss of any property rights. If the action proposed would be irrevocable or result in an permanent loss of property rights, the Provost on behalf of the University will consult with the Committee of Counsel on Academic Freedom and Responsibility explaining (1) why in the University’s view the proposed actions need to occur immediately, and (2) how the faculty person would be compensated for the irrevocable disciplining or loss of property rights should the hearing prove that the allegations were not true or result in a judgment that the actions taken were too severe.

D. The Committee of Counsel on Academic Freedom and Responsibility is charged with the general supervision and review of principles and procedures relating to academic freedom, tenure, and responsibility. The Faculty Grievance Committee is authorized to hear or otherwise dispose of individual grievances.